폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (two years of imprisonment, three years of suspended execution, one year of probation) imposed by the court below on the defendant is too unfased and unreasonable.
2. Determination is recognized that there are many kinds of records that the Defendant was punished for crimes related to violence and drunk driving, and that the part or degree of the victim's injury with respect to the crime of assault in this case is not less than that of the victim, that the blood alcohol concentration of the Defendant at the time of drunk driving in this case is very high to 0.168%, and that the operating section is not short.
However, in full view of the following circumstances: (a) the Defendant recognized the facts charged in the instant case; (b) the Defendant did not repeat the offense; (c) agreed with the victim of the assault crime; and (d) the victim wanted to have the Defendant’s prior wife; and (c) the Defendant’s age, environment, occupation, family relationship; (d) background leading to the instant crime; and (e) circumstances leading to the instant crime; and (e) circumstances following the crime, etc., the sentence imposed by the lower court is deemed unreasonable.
3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.